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Do I Have a Case for Nursing Home Negligence?

Do I Have a Case for Nursing Home Negligence?

Nursing Home Neglect vs. Nursing Home Abuse

While there are many similarities between nursing home neglect and nursing home abuse, there is a key difference between the two. Abuse implies a specific intent to harm, but neglect is a breach of duty or a form of sub-standard care that results in harm. Negligence can occur in many ways during the care of elders. When your loved one is suffering from neglect in a nursing home, taking legal action may be the right step in recovering damages and protecting them from further harm.

What are signs of negligence in a nursing home?

Negligence in a nursing home manifests in several ways, including:

  • Basic needs neglect
  • Emotional/social neglect
  • Medical neglect
  • Personal hygiene neglect

Repeatedly ignoring or leaving an elderly person alone may be considered neglect, as may failing to give elders adequate assistance with cleaning and bathing, or failing to provide adequate medical attention. These and other related actions may be considered a failure of the nursing home to maintain its standards and duties. If there is a clear indication that the nursing home breached one or more of its duties, you may be able to make a claim to recover.

Bring a Negligence Case Forward with Evidence

In order to bring a negligence or wrongful death claim against a nursing home, a case may require evidence of neglect. Depending on the circumstances, neglect may be identified in certain physical signs and behavioral changes. Neglect can sometimes be difficult to identify when no physical signs are present, or when a victim has difficult expressing their concerns.

There are a few warning signs that may indicate neglect, such as:

  • Changes in person hygiene/appearance
  • Dehydration/malnutrition
  • Environmental hazards at the nursing home
  • Fall injuries
  • Lack of friendly interaction with staff and residents
  • Withdrawn/unusual changes in behavior

Protect Your Loved Ones with Legal Guidance

Elders may be exposed to unnecessary risks to their health and safety from nursing home neglect. The care and attention of loved ones may help prevent harm to elders and ensure the safety of others as well. Signs that an elder is suffering from negligence in a nursing home may be grounds for taking legal action in a claim.

Our firm has more than 30 years of legal experience in many difficult personal injury cases. At Hartley & O'Brien, PLLC, we strive to provide our clients with personalized attention and superior service. Our personal injury attorneys have obtained several multi-million dollars verdicts and settlements for our clients. When the health and safety of your loved ones are at risk, work with a legal team that has extensive knowledge and resources to see to the individual needs of your case.

Schedule a free case evaluation with our West Virginia personal injury lawyers!

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